Congress has not in fact delegated to the FCC any express authority to regulate Internet services. If it had, there would be no need for the Commission to strain the principle of ancillary jurisdiction to support its order. And its assertion of ancillary jurisdiction is untenable, exceeding any previously recognized scope and boundaries.

The FCC, however, points to the Communications Act as the source of its jurisdiction to enforce Net neutrality principles.

It's an interesting argument, but it appears to be moot. Or at least it will be moot. If the court overturns the FCC's ruling against Comcast, Congress is already poised to pass the Internet Freedom Preservation Act, which would make Net neutrality federal law.